The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (three years of imprisonment and five years of suspended execution) of the lower court is deemed to be too untile and unfair.

2. In light of the risk of the instant crime, in full view of the following factors: (a) the Defendant’s nature of the crime is bad; (b) the victim was agreed with the victim and the victim wants to be placed in the Defendant’s preference from the original trial to the trial; and (c) the circumstances leading up to the Defendant’s occurrence of the instant case and the conditions of sentencing indicated in the instant records and arguments, such as the Defendant’s previous conviction, are not deemed unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.